Belhomme v. Rigal Plastics, Inc.

Full title: FRANZ R. BELHOMME, APPELLANT, v. RIGAL PLASTICS, INC., ETC., APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Oct 15, 1993

625 So. 2d 118 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-2689.

October 15, 1993.

Appeal from the Circuit Court for Brevard County; Tonya B. Rainwater, Judge.

Jeffrey A. Ville of Burger Ville, Indian Harbour Beach, for appellant.

Randall M. Bolinger of Rissman, Weisberg, Barrett Hurt, P.A., Orlando, for appellees.

PER CURIAM.

The order of summary final judgment in favor of Rigal Plastics, Inc. is hereby reversed because we find that a material issue of fact exists regarding whether Regal's removal of a safety device was substantially certain to result in appellant's injuries. See Cunningham v. Anchor Hocking Corp., 558 So.2d 93 (Fla. 1st DCA), review denied, 574 So.2d 139 (Fla. 1990).

REVERSED and REMANDED.

W. SHARP, GOSHORN and PETERSON, JJ., concur.